Been a long time since I've posted anything but have continued to come back and read from time to time.
Find myself needing advice on behalf of my Fiancé. He's in a world of hurt with regards to his divorce but I'll try to keep it brief.
Married in 93
Separation date in 2014 ( breakdown in relationship occurred much earlier though in 2012 when she began extramarital affairs ). Slept in different rooms, stopped going to parties and such together etc...
She has only worked minimally throuought marriage ( he understands there will be SS likely indefinitely )
2 children 21 and 16 ( 16 year old lives with us in my home ). While he essentially lives here, until things are settled he maintains his old home as his primary address.
2 properties. Mat home and family cottage. He has possession of mat home. Adult daughter lives there. She has possession of cottage. He pays mortgages and utilities for both. She also receives 1,600.00/ month and her cell phone, car insurance, gas ( substantial at 600/month ) are paid for by him. In addition, until this month, she has also been taking cash transfers out of their joint account averaging 1,500.00 monthly and also utilizing those funds for personal expenses such as a credit card.
She has filed an application with demands for sole custody, spousal support and child support based on an imputed income of 160K ( just over 6K a month ), sole possession of both properties and an immediate retroactive SS payment of 40K. We think that she wants to sell mat home to facilitate clearing the mortgage on the cottage ( we think a court would be unlikely to make that order ).
His side... he has retained an income evaluator to determine income. He owns a business and this eliminates he said she said. Income will likely come in around 120-135K.
A reasonable interim offer was made in December which was not acknowledged. Instead, she filed her application. Offer was based on top end SS on 130K with an imputed to her income of 20K.
Minor son has been living with his dad ( and now with me as well ) since separation. Don't see how the court would order a change in living arrangements for him at this point. Am I missing something there?
The money he's been giving her along with the cash transfers and the benefits she's been receiving have resulted in a substantial overpayment. There's more in that regard but this is identifying enough so I won't list all of it. Just know it's substantial.
He is seeking that the court impute an income to her ( minimum wage ) as she is still young, in good health and should be obligated to contribute to her own support. Is that unreasonable?
Questions I have.
Does anyone know of SS not being indefinite for a 20 year marriage? Would an inheritance constitute a material change ( her father is in poor health and is very wealthy...millions....)?
Is it relatively common now for judges to impute an income on a spouse who is unwilling to look for work to contribute to their own support? ( fiancé is willing to pay top end spousal for a couple of years to facilitate her upgrading her skills to become more financially independent ). Alternatively perhaps a sliding scale? Is this possible?
In terms of the overpayment, is restitution likely? Or at minimum could it be used to offset equalization in terms of property? He wants the house, she wants the cottage. There's approximately 80K more in equity on the house. The over payment would more than cover the 40K cost...
When calculating SS which of low, mid or high amounts are most commonly used?
Lastly, she is claiming that she took on a "traditional" role but for the last several years ( 6 ) of their relationship, he actually did the majority of the cooking and cleaning as well. Could this be used to reduce a compensatory SS claim?
About us. We are both self employed and earn a great living. We don't require or want child support. We're happy to look after our children with our incomes.
He and I want to be fair to her but not get fleeced in the process.
Before any of you ask, we have retained separate counsel to prepare agreements before we get married. Once bitten twice shy and all that...
Any input from you all would be great. We'll bring it to our lawyer and try to settle this as quickly as possible. We just want to take a knowledge based proactive stance. Thanks in advance.
Faye
Find myself needing advice on behalf of my Fiancé. He's in a world of hurt with regards to his divorce but I'll try to keep it brief.
Married in 93
Separation date in 2014 ( breakdown in relationship occurred much earlier though in 2012 when she began extramarital affairs ). Slept in different rooms, stopped going to parties and such together etc...
She has only worked minimally throuought marriage ( he understands there will be SS likely indefinitely )
2 children 21 and 16 ( 16 year old lives with us in my home ). While he essentially lives here, until things are settled he maintains his old home as his primary address.
2 properties. Mat home and family cottage. He has possession of mat home. Adult daughter lives there. She has possession of cottage. He pays mortgages and utilities for both. She also receives 1,600.00/ month and her cell phone, car insurance, gas ( substantial at 600/month ) are paid for by him. In addition, until this month, she has also been taking cash transfers out of their joint account averaging 1,500.00 monthly and also utilizing those funds for personal expenses such as a credit card.
She has filed an application with demands for sole custody, spousal support and child support based on an imputed income of 160K ( just over 6K a month ), sole possession of both properties and an immediate retroactive SS payment of 40K. We think that she wants to sell mat home to facilitate clearing the mortgage on the cottage ( we think a court would be unlikely to make that order ).
His side... he has retained an income evaluator to determine income. He owns a business and this eliminates he said she said. Income will likely come in around 120-135K.
A reasonable interim offer was made in December which was not acknowledged. Instead, she filed her application. Offer was based on top end SS on 130K with an imputed to her income of 20K.
Minor son has been living with his dad ( and now with me as well ) since separation. Don't see how the court would order a change in living arrangements for him at this point. Am I missing something there?
The money he's been giving her along with the cash transfers and the benefits she's been receiving have resulted in a substantial overpayment. There's more in that regard but this is identifying enough so I won't list all of it. Just know it's substantial.
He is seeking that the court impute an income to her ( minimum wage ) as she is still young, in good health and should be obligated to contribute to her own support. Is that unreasonable?
Questions I have.
Does anyone know of SS not being indefinite for a 20 year marriage? Would an inheritance constitute a material change ( her father is in poor health and is very wealthy...millions....)?
Is it relatively common now for judges to impute an income on a spouse who is unwilling to look for work to contribute to their own support? ( fiancé is willing to pay top end spousal for a couple of years to facilitate her upgrading her skills to become more financially independent ). Alternatively perhaps a sliding scale? Is this possible?
In terms of the overpayment, is restitution likely? Or at minimum could it be used to offset equalization in terms of property? He wants the house, she wants the cottage. There's approximately 80K more in equity on the house. The over payment would more than cover the 40K cost...
When calculating SS which of low, mid or high amounts are most commonly used?
Lastly, she is claiming that she took on a "traditional" role but for the last several years ( 6 ) of their relationship, he actually did the majority of the cooking and cleaning as well. Could this be used to reduce a compensatory SS claim?
About us. We are both self employed and earn a great living. We don't require or want child support. We're happy to look after our children with our incomes.
He and I want to be fair to her but not get fleeced in the process.
Before any of you ask, we have retained separate counsel to prepare agreements before we get married. Once bitten twice shy and all that...
Any input from you all would be great. We'll bring it to our lawyer and try to settle this as quickly as possible. We just want to take a knowledge based proactive stance. Thanks in advance.
Faye
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